Amgen v. Sanofi Sup Ct. oral arguments took place yesterday in the ongoing PCSK9* antibody (Ab) patent case. See the attached transcript and FIG. 1.
Who won the oral arguments? Verdict?
Although it's hard to predict the outcome of the case from the oral arguments, I give the advantage in the orals to Sanofi
Some of the Sup Ct justices don't like that AMGN's patent covers millions of antibodies (Abs) and only discloses 26 Abs
And the fact that there is no structure, only functional language in the AMGN patent claims, doesn't help**
Although some of the details of the lower appellate court panel's analysis was likely flawed, the basic law on "enablement", the issue on appeal now, probably still works well enough without the Supreme Ct stepping in here
And it didn't help AMGN that the U.S. govt argued in support of Sanofi
FIG.1 Front page of 1 of the patents in suit
Even if AMGN wins at the Sup Ct, it likely still loses this case
AMGN lost this case in the lower courts
And even if AMGN wins at the Sup Ct. on this "enablement" issue, the case goes back to lower courts and AMGN still needs to win on "enablement" after the facts are applied to a clarified enablement std
And then AMGN needs to have the district court's ruling on the related "written description" requirement overturned
If Sanofi wins, AMGN's patents in suit are dead and the case is over
Why should biotech investors care about this case, even if they don't invest in AMGN or Sanofi?
It affects the value of many biotech patents, and thus, many biotech companies
Provide your email HERE (for FREE!) or join our discord HERE, and get biotech investor and patent attorney Manny Vacchiano's view of this case!
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